Can you get a DUI if your sleeping drunk in your car?

Answer 1

Yes, it may not be called DUI, but it is a person who is in control of a motor vehicle and in possession of the keys and it is treated the same as drunk driving, I have heard of guys who slept in the back seat and were cited for being drunk and having the potential to have driven the car. I suppose if the keys were not on the person at all, there may be a way to beat that charge.

Answer 2

Okay, let's think about this; it's called DRIVING under the influence for a reason. It's not SDUI! Now, if you're sleeping drunk in your car, and there are no keys in the ignition you can't be charged with DUI. An officer must be able to proof that your intent in the car was to operate the vehicle.

Kind of like when a homeless guy breaks into a car to go sleep. Can he be charged with burglary? No. His intention was only to sleep, therefore he's charged with trespassing.

Answer 3

Technically, no. You have to be in a position to have control of an operating or moving vehicle. If you were asleep in the car, and the engine was not running, even if the keys were in the ignition, they cannot construe that as driving. I have seen people charged with attempted DUI but that doesn't stick either because an attempt is what they call specific intent and you have no such intent if you are asleep.
If the engine is running, then you have a different story. You are presumably in control of the operating vehicle, even if you are asleep. So if the engine was on and the heater going while you slept, then they could charge you with DUI.

Answer 4

Yes you can be charged with DUI, on the grounds that the car was probobly driven there and odds are that you were under the influece at the time. You can even be charged with DUI in a single car accident and not with the car when the police show up, if they see you walking from the scene( let's say to get help with your car left in the ditch) and you apear to be under the influence you can still be charged, even thohgh no one saw you drive.

Answer 5

yes you can. If the keys are in the ignition. My cousin got caught for attempted drunk driving. He was in his truck with two other guys. He was in the middle. They had a flat and the guy driving went to use a phone up the road. The police stopped to see what the problem was and arrested my cousin for attempted DUI.

Answer 6

No becacuse Driving under the influence of alcohol, drunk driving, or drink-driving, is the act of operating a motor vehicle (and sometimes a bicycle or similar human-powered vehicle) after having consumed alcohol (ethanol) or other drugs, to the degree that mental and motor skills are impaired. In addition to driving under the influence of alcohol and driving under the influence of other drugs, a third "DUI" offense consists of driving under the combined influence of alcohol and other drugs. The drugs causing or contributing to the impairment need not be illegal, but can consist of lawfully prescribed or over-the-counter medication. Anti-drunk-driving advertising campaigns have aimed to raise awareness of the legal situation and the dangers of driving while intoxicated. Drunk-driving is responsible for a large number of deaths, injuries, damage and accidents every year.

Answer 7

once you're slumbering on your automobile and also you're inebriated, cover the keys. even as the cop takes you in, tell the choose you probably did not actually have the keys and they weren't contained in the motorcar. yet another ingredient you may want to do is unhook your battery formerly going to sleep. do not tell THE COP THE BATTERY IS UNHOOKED. tell the choose the motorcar doesn't even run, and to have a notary and a diverse officer flow for your automobile. tell the choose the battery wasn't even connected and the motorcar does not artwork. more effective yet, take a taxi residing house and go back for your automobile later. even as the law enforcement officials who're arresting people for driving lower than the impression are literally not purely committing crimes themselves, they're likely doing it because they could trust you'll awaken nonetheless inebriated and commence driving someplace. (i do not consider what they're doing, yet I understand.) yet otherwise to avert this variety of issue isn't to drink until eventually you're over the legal reduce! no human being desires that a lot alcohol of their device besides! purely imagine of all the terrible issues which have befell to people once they have had too a lot to drink - by twist of destiny killing someone, waking up next to bare strangers, getting hangovers...

Answer 8

I am not exactly sure. My brother once gave me the advice to make sure my keys are not in the car, put them behind your back tire for example.. The reason for this is so the police can't say you were attempting to drive because you can probably just tell them you made no attempt, you don't even have your keys with you... But then again for all I know, maybe the cop could lie and get u busted anyhow...

Answer 9

Yes!,Yes!Yes!If,and only if the keys to your car are on your person,or within reach.It's intent.You do not have to actually be driving,but be able to.There have also been cases where a person is convicted of drunk driving while washing their car----in their driveway,or having an alcoholic drink (drunk)in their front yard because they had car keys on their person.

Answer 10

I think it depends on the state or city. In Kansas, if I remember, if you fell asleep in your car with the keys on you, you could get charged with a DUI because the keys were on you.